CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD MARCH 22ND, 1880.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, NO. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE, E.C.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, March 22nd, 1880, and following days,
BEFORE THE RIGHT HON. SIR FRANCIS WYATT TRUSCOTT , Knt., LORD MAYOR of the City of London; The Hon. GEORGE DENMAN , one of the Justices of the Common Pleas Division of the High Court of Justice; The Hon. Sir JAMES FITZJAMES STEPHEN, Knt., one of the Barons of the Exchequer Division of the High Court of Justice; Sir THOMAS DAKIN , Knt., Sir THOMAS WHITE , Knt., and Sir CHARLES WHITHAM , knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; JOHN WHITTAKER ELLIS, Esq., JAMES FIGGING, Esq., HENRY EDMUND KNIGHT , Esq., and EDGAR BREFFIT, Esq., other of the Aldermen of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
HENRY KELLY BAYLEY, Esq.,
HENRY HOMEWOOD CRAWFORD, Esq.,
CENTRAL CRIMINAL COURT.
TRUSCOTT, MAYOR. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 22nd, 1880.
Before Mr. Recorder.
KATE LEWIS . I am in employ at the Railway Tavern, New Broad Street, City—on 7th January about 6 or 7 o'clock the prisoner came to the bar and called for a glass of six ale and a biscuit and tendered in payment a half-crown—I showed it to Mr. Williams, the manager, tried it in the detector, and found it was bad—Mr. Williams asked her if she had any more money about her—she said she had not—she then offered me 2d. for the ale—I broke the half-crown in two and saw Mr. Williams give it to the policeman—this is the coin (produced).
RICHARD JONES (City Policeman 176). I received the prisoner in custody, with this half-crown from Mr. "Williams—she said at the station that she must have taken it in the course of her business as a water-cress seller—she was remanded, and discharged on 28th January, there being no other case against her—she gave the name of Rogers.
EMMA WILDERMUTH . My husband is a baker at 18, Brick lane, Whitechapel—on 27th February about 20 minutes past 1 in the afternoon the prisoner came and asked for half a quartern loaf—she put down a half-crown, I tried it and found it was bad—I showed it to my husband, a constable was sent for, and she was given in charge—I gave the half-crown to the constable—I told the prisoner the coin was bad—she said she had just taken it from her husband—this is it (produced), I recognise it.
GEORGE ROPER (Policeman H 68). I was called to the shop, and received the prisoner in custody with this coin—she had a good half-crown and a penny in her hand, at the station 2d. was found on her—she said nothing.
Prisoner also PLEADED GUILTY to a previous conviction at this Court in July
1871, and put in a paper stating that since her conviction she had been unable to get an honest living by the interference of the police.— One Month's Imprisonment, and to be sent back to serve out her previous term of sentence of ten years.
MESSRS. CRAUFURD and EYRE LLOYD Prosecuted; MR. STEWART WHITE defended McGosling.
FLORENCE DAVIS . I am barmaid at the Halfway House, Battersea Park Road—about 5.30 one Friday evening in January Arnold came and called for two of whisky cold—I served him—he put down a half-crown in payment—he threw it down on the counter—it rolled on the floor—he picked it up and threw it down again—it was bad—I picked it up, called the landlord, and gave it to him—the prisoner said he had taken it at the railway station—he paid me with a good shilling, and called for a twopenny smoke, for which he gave me 2d. in coppers—I saw my master give the half-crown to the officer—I gave evidence at the police-court next day—the prisoner was remanded, and ultimately discharged. Thomas Dalrymple. I am landlord of the Halfway House—on 30th January I saw Arnold there—Miss Davis handed me a bad half-crown—I asked the prisoner where he got it—he said at the Peckham Railway Station some two days previous—I asked who he was—he said he was a clerk—I sent for a constable and gave him into custody with the half-crown.
JOHN THOMPSON . I am landlord of the Portman Stores, Marylebone—on 17th February, about 12 o'clock at night, Arnold and Reece came there—my wife served them with two sodas, which came to 4d.—Reece tendered a half-crown—my wife took it up and showed it to me—she gave them change—I examined it—the prisoner had then just gone out—I ran after them—they went to the Queen's Head, Great Titchfield Street—I laid hold of Arnold, and said, "This is a bad coin, I want a good one for it"—he said, "Here is a good one, if it is bad; we are two hardworking chaps; we work at Shoolbred's, in Tottenham Court Road; if this is a good one have a liquor with us"—I showed the landlord of the Queen's Head the half-crown—he put it in the biter and broke it in halves—I gave Arnold into custody, and gave the broken half-crown to the policeman—Reece had got out of the way—he was not given into custody—Arnold was taken before the Magistrate and discharged—after being discharged I watched him, and saw him join Reece at the back of the Court—Arnold gave me a good half-crown for the bad one—I produced it at the police-court—the man that told me to kiss the book told me to put it down, and I have not seen it since.
SAMUEL ROBINS (Policeman E 239). I was called to the Queen's Head, and found Mr. Winch holding Arnold—he said, "This man has given me a bad half-crown; I give him into custody"—he said, "If I have given you a bad one, you have got a good one for it, have you not?"—I searched him, and found on him a florin, and 2d. in bronze, good money—he was taken before the Magistrate next day and discharged—when he went outside Mr. Winch pointed out Reece.
2.30, Arnold and Reece came to the bar—Arnold called for some whisky and soda, and put down a two-shilling piece—I went with it into the kitchen and showed it to Emily Allnutt—I had then given the prisoner the change, one shilling, a sixpence, and twopence in coppers—Miss Allnutt bit the coin and gave to me—it was bad—I then went outside the door after the prisoners, and called them back—I asked if they were aware they had given me a bad two-shilling piece—Arnold paid me with a good shilling, and I gave him 8d. change, and gave him back the twoshilling piece—I was so confused that I had forgotten I had given him the other change.
EMILY ALLNUTT . I live at the Bull and Butcher—on February 24th the last witness showed me a two-shilling piece—I bit it and found it was bad—I marked it with my teeth on the edge—I gave it back to her—I saw her give it to Arnold—he put it in his pocket, and he and Reece left together—I believe this to be the coin I bit.
ARTHUR PLAYLE . I am a draper's assistant—on February 24th, about 3.45, I was walking through Whetstone, and saw the three prisoners together about 200 yards ahead of me, going towards Barnet, and about 400 yards from the "Bull and Butcher—in consequence of something that was said to me I went after them—I saw some police constables walking on in front of me, following them—I also followed them—McGosling went towards Barnet—I saw him run into a hedge and a police-constable after him, and I saw him throw something over the hedge—I could not swear what it was; it was something brown—I thought it was some leaves—it was about the size of an egg—I followed Arnold and Reece—they ran across Greenhill Park—I overtook Reece, and gave him over to 141—I then ran after Arnold, and Caught him in a field in High Barnet—with assistance I took him to the Barnet Station.
Cross-examined by MR. WHITE. I was about 30 yards from McGosling when I saw him throw something over the hedge—I was just behind the constable—I did not go and look for what he threw—the other two had then gone up Greenhill Park—I followed them—McGosling went straight on—he was in the hedge when he threw it—the hedge was about two feet high—he seemed to throw the thing about a distance of 10 yards.
FRANCIS MINOIS (Policeman S 141). In consequence of information I went in pursuit of the prisoners—they were then about 300 yards from the Bull and Butcher, all three walking and talking together—they turned off the road down Prickley Hill towards East Barnet, and at the top of Long Street they mended their pace, and about forty yards from Greenhill Park they took to running—McGosling went ahead towards East Barnet, the other two turned towards Greenhill Park—I followed them, but I kept my eye on McGosling—I saw my brother constable with him, and I saw him throw something from him towards the hedge—I could not say what it was—I overtook Reece; I asked what he ran for; he said, "Nothing, only I am cold"—I told him he would be charged with the others with uttering a counterfeit florin—I found on him a good half-crown and three halfpence in bronze—I afterwards took Arnold—he had 1s. 6d. in silver on him, and 2 1/2 d. in bronze.
Cross-examined by MR. WHITE. I was about twenty yards from McGosling at the time the there parted.
something over a hedge—I could not see what it was—I was about three yards from him at the time—I afterwards went to the spot and found this purse—it contained twenty counterfeit shillings and eight counterfeit florins—when I took him into custody I asked him what he threw over the hedge—he said, "Nothing"—he became Tory violent, and tried to get away.
Cross-examined by MR. WHITE. Playle was behind me—he did not come to my assistance—William Harris did—when I saw McGosling throw something over the hedge I asked a man to go over and look—then McGosling became violent, and I asked the man to come back and assist me—I searched McGosling, and found on him eight shillings, nine sixpences, and 1s. 5d. in bronze, all good.
MARY ANN TINSLEY . I live at the Chestnuts, East Barnet—on 24th February, about 4 o'clock, I was looking out of the dining-room window, and saw the three prisoners go by, and two policemen after them—I saw Arnold put his hand through the railings and put something down, and he broke a piece off one of the shrubs—I saw him and Reece go one way, and McGosling another, and I saw him struggling with the policeman—Harris, our gardener, went to his assistance—when he came back I went with him to the place where I had seen Arnold break the shrub, and there found this 2s. piece.
JAMES HARRIS . I am gardener to Mr. Crosby, at the Chestnuts—I went with the last witness to the shrubbery, and found the florin—I believe it was a bad one—I gave it to Inspector Ellis—I assisted Simmonds in taking McGosling—he made no resistance worth speaking of after I went up.
Arnold's Defence. This man (McGosling) is innocent—I plead guilty to uttering, but not to the possession.
Reece's Defence. I was only with Arnold at one place—I never had such things in my possession—I am able to earn 21. a week, and have a sick wife to support.
GUILTY — Eighteen Months' Imprisonment each.
311. WILLIAM GEORGE SMITH (35) to stealing, whilst employed in the Post Office, a letter containing Russian rouble notes, the property of Her Majesty's PostmasterGeneral.— Two Years' Imprisonment. [Pleaded guilty: See original trial image.]
312. GEORGE JOHN HARRING TON (15) to stealing, whilst employed in the Post Office, a letter containing a half-sovereign and other moneys, the property of Her Majesty's Postmaster-General.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
313. JAMES HIGH (20) to two indictments for stealing, whilst employed in the Post Office, letters and postage-stamps and documents of Her Majesty's Postmaster-s'General.— Two Years Imprisonment. [Pleaded guilty: See original trial image.]
MESSRS. EYRE LLOYD and STEWART WHITE Prosecuted.
Castle Street, Oxford Market—on 13th March, between 11 and 12 a.m., I served the prisoner with threepennyworth of port wine—he gave me a florin and I gave him 1s. 9d. chance—he then asked for twopenny cigar and gave me two of the pence I had given him, leaving 1s. 7d.—I put the florin in the till; there was no other florin there—in about a minute after he left Mr. Webb came in for change for a sovereign—I gave him a half-sovereign and four half-crowns—he asked me for something; it came to 1d., and put down one of the half-crowns—I gave him this florin and fire pence—he went out and returned in 10 minutes, and showed my husband a bad florin—on Sunday, the 14th, about 6 p.m., the prisoner came again—I recognised him before I served him—he had threepennyworth of port wine and put down a bad florin—I handed it to my husband, who sent for a constable, and he was charged—my husband said, "Joe, you are the same man who was in here yesterday"—he said, "No; I am not."
THOMAS WEBB . I am a cloth worker of 36, Castle Street—on 13th March I was in the Marquis of Granby, and got in change for a sovereign from Mrs. Gwilliam a half-sovereign and four half-crowns—I wanted smaller change, and changed one of the half-crowns, and received this florin and five pence—when I got home I found that the florin was bad—I took it back three minutes afterwards, and gave it to Mr. Gwilliam.
JAMES GWILLIAM . I keep the Marquis of Granby—on 13th March I saw my wife serve the prisoner—Mr. Webb afterwards handed me a bad florin—I put it in my pocket for a moment, and then put it on the mantelpiece in the bar-parlour—the prisoner came in next evening, and I saw him put down a florin—my wife gave it to me, it was bad—I said, "Where did you get this?"—he said, "I have just got out of a cab and took it in change for a half-sovereign"—I said, "But you have been here before"—he said, "No, I have never been here before, and I am sure you will overlook it this time, please"—I gave it to the constable, who marked it.
HENRY DAWS (Policeman C 54). Mr. Gwilliam gave the prisoner into my custody—I asked him where he got the florin from—he said he had just got out of a cab, and received it from the cabman in change for a half-sovereign—I asked him where the other change was, he said he had paid it away—going to the station, he said, "I hope you will do what you can for us"—I found on him at the station two shillings, two sixpences, and a penny, all good—Mr. Gwilliam also gave me the other florin which he had received the previous day, and said that the prisoner was the man who passed it.
Prisoner's Statement before the Magistrate. "I was not in the house on the Saturday."
GUILTY **— Twelve Months' Imprisonment.
OLD COURT.—Tuesday, March 23rd, 1880.
Before Mr. Justice Denman.
MR. POLAND, for the prosecution, offered no evidence, the Grand Jury having ignored the bill.
NOT GUILTY .
He also PLEADED GUILTY to uttering two other orders for 40l. and 90l. 10s. also to forging and uttering four other orders for 10l., 9l. 16s. 10d., 10l. and 9l. 16s.— Twenty Years Penal Servitude.
318. CHARLES LISTEI (30) to feloniously uttering a cheque for 500l. with intent to defraud. Fifteen Years' Penal Servitude. (See the case of Garrett and Wordley lot Session, page 665.) [Pleaded guilty: See original trial image.]
MR. GILL Prosecuted; MR. A. B. KELLY Defended.
GUILTY of acommon Assalt.— Five Months' Imprisonment.
MR. POYNTER Prosecuted; MR. STEWART WHITE Defended.
JAKES KELLY (Policeman K 240). On 17th February I was on duty in New Gravel Lane and saw the prosecutor standing against a post in a court called Boarded Entry—as I came through the court the prisoner walked after me—she said, "This is him"—the prosecutor could hear that—she struck him on the left side of his head, apparently with her hand; I did not see any weapon—he was standing with his back to her—the place was dark, I could not have seen a knife even if she had one in her hand—it was apparently shut—the blood rushed from him profusely directly she struck him—I only saw her strike him once—I told her I should take her into custody for assaulting him—she made no reply—I took her to the station—she there said, "I did it," and directly after she said, "I did not do it," all in one breath.
Cross-examined. There were only four persons present on the spot, the prisoner, prosecutor, myself, and another woman, she was about seven yards off—I saw the whole of this quarrel—I did not see the prosecutor quarrelling with another woman—I was there at the commencement—the first thing I heard was the prisoner saying, "That is him," and she struck him—I afterwards saw that the prisoner's arm was out—I did not see how that was done—it was a cross wound, a bad wound; the doctor put some stitches in it at the station—I could not say whether it was done before or after her hand came against the prosecutor—I took her into custody at once, it could not have been done while I was taking her into custody; there were no people round—the prosecutor threw up his arms when he was stabbed, and in pulling the knife out it might have been done then—it must have been done by the same knife—I saw no stab—I found this knife, about three hours afterwards, lying in the place where I apprehended the prisoner; it was stained with blood.
FLORENCE McCARTHY . I lived at 53, New Gravel Lane, Shadwell at this time—I am potman at the Rose and Crown, High Street, Wapping—on the morning of February 17th I was coming out of a court called the Boarded Entry—I had just come out of my mother's house—I had got about 30 yards, and stood against a post at the top of the entry leading into New Gravel Lane—I received three wounds, one in the hole of the ear, one through the oar, and one behind the ear—I did not see anybody do it—I fell, and became insensible, and knew nothing till next morning, when I found myself in the London Hospital, and I have been there ever since.
By the COURT. There had been no quarrel between me and the prisoner in the course of the day, or shortly before, or with anybody belonging to me—the prisoner has often threatened me—we have had rows together, and she has come into my place interfering with my wife—my wife and I can always agree if she keeps away from us—she has often said she would do for me—the last time we had a quarrel may have been two or three months before February 17th—I can't say exactly to the time—my wife has at times taken my part—if I had seen the prisoner a quarter of an hour before I should have spoken to her—there was no reason whatever that night for her to do this.
Cross-examined. I had not quarrelled with my wife that day—I am not in the habit of quarrelling with her, only when she don't get up and get my grub ready—I have kicked up a row if I go home at 12 o'clock and find her in bed; that always happens—I have a row with her each time I go indoors—I did not have a row that morning, I did not go in that morning—it is only about three mornings a week that I do go in—this happened about 12.10 at night or Tuesday morning—it is not a fact that these quarrels are occasioned by my deserting my wife and family, not on any occasion—the prisoner has not in my absence given assistance to my children—I went away once for a week; I had occasion to do it—I had not been in any quarrel on this day with any one—I was standing at the post, waiting for my wife—I never could get her in before that hour—I had not been there a minute.
FRANK SHEPLEY . I was house-surgeon at the London Hospital when the prosecutor was admitted there about two in the morning of February 17th—he was in a state of collapse—the bleeding had been stopped by a pad put on by the divisional surgeon—I removed the pad, and found three punctured wounds in the region of' the ear, one going through the cartilage of the ear inwards, the other through the cartilage downwards; the other penetrated straight down—they were in dangerous proximity to the external carotid artery—he was in danger for some time—I stitched up the wounds—this knife would inflict such wounds—two of them were about an inch deep, and one about half an inch—he does not seem to speak clearly since, and he has some slight affection of his right arm, which is getting much better—I don't say that is entirely owing to the stabbing—it might be due to the way in which he fell, or to some cerebral complication—I did not examine the prisoner.
The Prisoner's Statement before the Magistrate. "I was indoors when I heard my sister and her husband quarrelling at the corner of the street where I live. I had a knife in my hand. I was going to cut some bread—and-butter. I heard my sister scream. I ran out and said, 'You are at it again.' He struck me, and I struck him back. We struggled together, and I cut myself in the arm. I did not take the knife wilfully to stab him. I never threatened him in my life. He has told me repeatedly in the public that he was the father of my children, and caused great unhappiness between me and my husband. My principal interference with him was to take my sister's part."
JAMES KELLY (Re-examined). I did not hear any scream—I was walking along—I might have been there perhaps three minutes, seeing the prosecutor standing by the post—there was another woman with the prosecutor, who I have since ascertained was his wife—she was examined before the Magistrate for the prisoner—I have not seen her here.
GUILTY on the Second Count— Eighteen Months' Imprisonment.
NEW COURT.—Tuesday, March 23rd, 1880.
Before Mr. Justice Stephen.
321. ANDREW CRUICKSHANK (23) and WILLIAM SUMMER FORD (18) , Unlawfully sending to Nolly Power certain filthy and immoral writings and pictures, with intent to corrupt her. Other Counts for indecent libels concerning Milly Harvey. Other Counts, varying the manner of laying the charge.
GUILTY on all the Counts except the 2nd. The Jury recommended summerford to mercy believing he was led on by Cruickshank , CRUICKSHANK— Two Years' Imprisonment.
SUMMERFORD— Nine Months' Imprisonment.
THIRD COURT.—Tuesday, March 23rd, 1880.
Before Mr. Recorder.
323. ALFRED EDWARDS (22) to stealing 15 pairs of boots of Joseph Dobson, his master, after a conviction at Guildhall in December, 1878.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
LANGFORD— Four Years in an Industrial School.
HUNTER— Discharged, his mother promising to take care of him. [Pleaded guilty: See original trial image.]
325. JOSEPH BELL (36) , PLEADED GUILTY to burglary in the dwelling-house of Harry East with intent to steal; he was also charged with having been convicted on 6th March, 1871, of felony in the name of; Frederick Goad, to which he pleaded
FREDERICK BUTCHER (Detective Sergeant). I am the principal warder at Chelmsford—I produce a certificate of the prisoner's conviction. (Read: "Frederick Goad, convicted on the 6th March, 1871, of burglary in the dwelling-house of Alfred Wright, and stealing his goods. Sentenced toSix Years' Penal Servitude"). He came out in 1875—the prisoner corresponds with him in every description—this is his photograph—I was present when he was convicted—he was removed to Pentonville.
Prisoner's Defence. I was in Australia at that time; I never was in Chelmsford in my life.
NOT GUILTY of previous conviction.— Nine Months' Imprisonment.
326. GEORGE JOHNSON (29) , Forging and uttering an order for the payment of 8l. 7s., with intent to defraud. Mr. de Michele Prosecuted; Mr. Austin Metcalfe Defended. Eliza Sarah Enville. I keep the Crown in Curtain Road, Shoreditch—on the evening of 19th February a customer named Legge came with the prisoner and said in the prisoner's presence, "Will you change this cheque for my friend; it is one of Cutting's. (This was signed W. Cutting, on Covent Garden Bank, for 8l. 7s.) I put on the counter 8l. 7s.—the prisoner took it up—the cheque was paid into the London and County Bank to clear, and returned—the prisoner signed and endorsed it in my presence " Wm. Johnson."
Cross-examined. I next saw the prisoner in custody—I had not seen im before he came with the cheque—the conversation was with egge—I cannot find Legge—he used to come to my house once or piece a day—I picked the prisoner out from eight or nine men—I believe he is the man.
NOT GUILTY .
BENJAMIN FOSTER . I am employed at a public-house, 313, Old Street—on 25th February the prisoner tendered me this cheque for 6l. 4s., signed H. Dear, and asked if I would cash it—I asked him where he got it from—he said, "From Mr. Dear's, across the road"—I said, "Which Dear's?"—he said, "The furniture shop"—I went to make inquiries—I jumped over the counter, and saw the prisoner running up the road—I ran after him—I said, "You must give an account of this cheque"—he said, "A man at the Cherry Tree gave it me"—I saw a policeman and asked him to come with me—after going a short distance the prisoner got away again—we caught him in a garden—I had told him I did not know the writing—he said his son wrote it.
Cross-examined. Mr. Dear lives opposite—he pays in cheques and they come over to be cashed—I do not know the prisoner—a Mr. Legge has been on several occasions, but I have not seen him for the last two or three months—I have made inquiries—I do not know his writing—I never saw him write—I never saw a Covent Garden Bank cheque before.
Re-examined. Legge was not with the prisoner.
Cross-examined. I have seen Legge once or twice—my bank is the Central Bank—Legge is a general hawker of furniture and sells goods on commission—I do not know where he is.
ALFRED SPINK (Policeman 80 N). I met Mr. Foster and the prisoner, and on his saying something to me I went back with them—the prisoner walked a little way and then ran for 200 yards—I ran and caught him—he attempted to get away twice.
JOHN GOODYEAR (Police Inspector). I cannot find the Covent Garden Bank—I took down this statement and the prisoner signed it on 25th February: "A man called me out of the London Apprentice public-house, Old Street. He asked me if I would go for an errand for him, and I asked him where it was to go. He said into the public-house fating Dear's shop. He told me if I had to write anything on the back of it to to put 'R. James.' I then took it into the public-house. A young man inside said he did not think it was Mr. Dear's, and then I called the party who gave me the cheque. He ran down the street and got away."
The Prisoner's Statement before the Magistrate. "All I have to say is what I told the inspector; the man asked me to change the cheque. I was never in the house before in my life."
GUILTY — Nine Months' Imprisonment.
MR. FULTON Prosecuted; MR. KEITH FEITH Defended.
LOUISA ANN TILLEY . I live at 6, Dane's Place, Roman Road; Old Ford—I was married to the prisoner on the 18th November, 1878, at Christ-church, "Watney Street, Commercial Road—he told me he was not married to the woman he was living with—he led me to believe he was a single man.
Cross-examined. I had known him about six months—I put up the banns while he waited outside—he enticed me—he had a cook-shop—he did not make it over to me—I am not living upon it now—I am living with my father—I have lived with the prisoner on and off since I married him and slept with him—I prosecuted him about a month ago—I have had about 15s. from him in 12 months—I asked him for money towards my trouble—I did not want him to support me—I kept myself when I found what he was.
GEOEGE HOLLIS . I live at New bold, Worcestershire—I was present when the prisoner married Harriet Stiles on 10th May 1860—I saw her on 27th February last—she keeps a school at Benton in Worcestershire.
Cross-examined by MR. FEITH. I had not seen her before last February for many years—I looked for her after I went back from the police-court—she lived with her husband at Alderminster—I could not say for how long—I do not know why they parted.
RICHAED WILDEY (Police Inspector K). I apprehended the prisoner on 18th February—I told him I was a police officer and should take him into custody for marrying Louisa Ann Tilley during the life of his wife—he said "They will have to prove it, won't they?"I said "Yes;" he said "They ain't going to do anything they will be sorry for, are they?"—I said "I don't know"—on the way to the station he said "They are as deep in it as I am"—he did not say who "they" were—he said "This is only done to extort money, they have had the last shilling I have got and now they may have my body"—he afterwards said "I married my wife 20 years ago; I have not seen her since; I have heard nothing of her till two or three years ago; as soon as her father heard of it," alluding to Tilly's father, "he would not let her live with me any longer; I did not know whether my wife was dead or alive"—when the charge was read over to him at the station he said "I told her I was a married man before I married her"—I produce the certificate of the first marriage.
Cross-examined. I wrote this down when I got to the station—he did not say he was in the habit of seeing his second wife occasionally.
Witness for the Defence.
EMILY COLLICOT . I am married, and live at 18, Park Road, Birmingham—I am the prisoner's sister—in 1866 I lived with him and his wife for two months—after she left I stayed with my brother a fortnight—I have not seen her since—he wont to look for work—she came back and took all the goods—I have not heard of her till now—they used to have a few words, but nothing very serious—he had not any work for a twelvemonth.
Cross-examined. I was with them in April, 1866—she went to Birmingham with her husband's consent—I had not got possession of all the things—I had a table and three chairs—I do not know what inquiries my brother made, I made none—her home was at Alderminster.
Re-examined. My brother inquired at Birmingham for her several
times 12 months afterwards—he spoke of her to me, but never gave me any information as to her.
The prisoner received a good character.
NOT GUILTY .
MR. MILWOOD Prosecuted; MR. HUMPHBEYS Defended.
JOHN WARD , I am an ostler, of 5, Dean Street, Holborn—on 7th March, about 2.15 a.m., I was in Long Acre—I was knocked down at a corner by the prisoner—I saw several others—when I was on the ground my pocket was torn from my trousers with 4s. 6d. and a knife—the prisoner held me, kneeling on my chest; the others ran away—a policeman came up, and the prisoner ran away—he ran after him and brought him back to me—I gave him in charge—I can swear to him; I can swear to this knife.
Cross-examined. I had been to see a friend at Knightsbridge; I had left him about an hour—I had had several glasses, but was not intoxicated—I was not perfectly sober—I was hurt; my head was cut open in two places—I was stunned a trifle—it took me some time to recover when I got to the station—I know the knife because the shape of the blade is different—my head was caught on the kerb.
WILLIAM HEWITT (Policeman). I was on duty about 2.15 a.m. in Neale Street—I saw two men running—when I got up to the prisoner he was kneeling on Ward's chest—he ran away as soon as he saw me—I ran after him 100 yards, and caught him in Long Acre—I brought him back to the prosecutor, who told me he had been knocked down and robbed, and gave him in charge—I took him to Bow Street—he was searched—on him was found 2s. in silver, 1d. in bronze', and this knife.
Cross-examined. I have seen the prisoner several times before in Drury Lane—I saw him five or six yards off—when I came back Ward was standing against a post—he seemed confused—I saw several persons in the street; the prisoner ran past them—no one was standing close to them when the prisoner was Kneeling on Ward—I have not seen a blade like this before—Ward was bleeding fearfully from the back of his head.
GUILTY .** He also PLEADED GUILTY to a conviction for felony at Bow Street in February, 1878.— Twelve Months' Imprisonment.
OLD COURT.—Wednesday, March 24th, 1880.
Before Mr. Justice Penman.
330. CALEB CHARLES WHTTEFORD , PLEADED GUILTY to unlawfully forging and uttering a letter purporting to be from the Hon. Adolphus 0. Liddell, Her Majesty's Under Secretary of State for the Home Department, to the Governor of Newgate, ordering the reprieve of a prisoner then under sentence of death.
His father and Dr. S. L. Smith deposed to his character for humanity and kindness, and stated that he was labouring under great mental excitement at the time.— Two Months' Imprisonment and fined 50l.
MR. GRIFFITHS Prosecuted.
GEORGE' CONSTABLE . I am a messenger, and live with my wife at 5 Avenue Road, Stoke Newington—the prisoner has lodged with me since the beginning of October; he occupied a parlour on the ground floor and a bedroom on the first floor back; my bedroom was the first floor front—on 10th March the prisoner came home about 12.30, I heard him go up to his bedroom—he had been very excited two or three days before, talking very much to himself, as though some imaginary wrong had been done him; I did not hear what he said, he was very violent in his talking to himself—I cannot say off-hand whether he was a temperate man—we had not had any quarrel or disagreement with him—the night previous to the fire he was very noisy, throwing things about, talking and singing up. stairs, and my wife went up and expostulated with him, and asked him what was the matter—he said, "There is nothing the matter with me"—she said, "You are making such a noise"—he said, "That is my business"—that was all—about 2 o'clock in the morning I heard him go downstairs, and almost immediately after I smelt fire—I got up and saw that there was a fire in his bedroom—I at once took the jug of water that was in the room for the purpose of putting it out—the mattress and palliasse were burning, the vallence underneath appeared to have been burnt; one sheet was burnt, and two blankets—the window curtain was entirely burnt, there was not a vestige of it left—that was not more than 6in. or 7in. from the bed, close to it—there was a candlestick on the mantel-shelf with a candle in it, very tapering at the top, not alight, and a lot of ashes of paper or calico hanging round the candle—the candle was not within reach of the bed, it was about 6ft. from it—I don't think the prisoner was in the habit of reading in bed—there was a gas light oyer the mantel-shelf—I don't think it was alight when I went into the room, I won't be sure—there was a bed cupboard close to the bed, between the bed and the window, upon which he could place a candle if he wanted to read in bed—I did not notice whether he had been in bed—no water had been thrown about till I threw it—his water-jug was left full in the room—another person, Charles Hopkins, assisted me in putting the fire out—after the lapse of a few minutes my wife and I went down stairs—the prisoner was in the parlour with nothing on but his shirt; my wife locked him in, and I went for a policeman—I should think it was not more than five minutes from the time I went into his bedroom till I found him in the parlour—the fire was then so far under that it was quite safe; I left Hopkins in charge of the room—I came back with a policeman, and went into the parlour where the prisoner was, he was lying on the sofa—I told him I should charge him with setting fire to his bedroom—he muttered something which I could not hear—he told me I was a liar, or something of that sort, for saying such a thing—I don't believe he was in his right mind at the time, he was very excited—he had always paid for his lodging regularly—I never saw him drink anything, he never drank anything in our house, but my impression was that he had been drinking—he said nothing about having been reading the newspaper, or about its being an accident—I don't think he knew what he was about, I believe he was suffering from aberration of mind—he said at the station that he had not done it.
Cross-examined by the Prisoner. I told you the place was on fire, and charged you with it through the police—I don't think I asked you for any explanation—we were on perfectly friendly terms all the time you
lodged with us—I know of no motive that could induce you to injure me or my property—it was insured; I have a cheque to fill up to receive the money—I cannot tell whether the fire was accidental or not.
PETER WESTON (Policeman NR 38). On the morning of the 10th March, about a quarter past 2, Mr. Constable fetched me to his house—we went into the front parlour, and there saw the prisoner on the couch in a sitting position—Mr. Constable told him he should charge him with wilfully setting fire to his bedroom—I told the prisoner that Mr. Constable charged him with wilfully setting fire to his bedroom—he made no answer; he made a mumbling noise—I could not understand anything he said; he appeared very agitated, more as if he had been drinking—he might have said "You are a liar "without my hearing it, I was only half in the room and half out—I took him to the station—he made no statement there; the inspector spoke to him; he was very quiet there; he kept muttering to himself—I formed the opinion that he had been drinking considerably.
The Prisoner's Statement before the Magistrate. "I was reading the paper with the bedroom candle near the bed, and fell asleep, leaving the candle burning. When I woke up I found the window-curtains and part of the bed furniture on fire. I took what water there was in the room to extinguish the fire; it was not sufficient, and I went down to my sittingroom to procure more water. Whilst in the sitting-room searching for a light I was locked in by Mrs. Constable. The police came and arrested me. I have offered to pay for the damage done by the accidental fire."
GEORGE CONSTABLE (Re-examined). At the police-court he said he had accidentally set fire to the place, and he was willing to pay for any damage he had done; that was the only time he named it—that was said in open Court before the Magistrate—he was in perfect health when he came to us, and went on very well indeed—it was not intimated to me that he had ever been deranged.
JOSEPH BAILEY . I am a Baptist minister, and live at 7, Vicarage Road, West Ham Park—I have known the prisoner intimately for nearly the whole of the last fifteen years—of my own knowledge I could not say that he has been in a lunatic asylum, but I have had it from his own lips that he was there for a short time, owing to some domestic trouble about two years and a half ago—I had not seen him for some little time, when he called at my house one Sunday—he told me his wife had deserted him, and his health had failed—I have seen him almost every week, and sometimes twice a week, for the last two years and a half—I saw him whilst he was lodging at Mr. Constable's—I have taken tea with him there several times—he got excited occasionally when thinking about his domestic troubles, and during that time he would mutter to himself; but, as a rule, he was as sane as any man living—I can't say that he never took more drink than was good for him; as a rule, he was a temperate man—I have known him to be a total abstainer for months together—he is a very great student—he spends most of his time at the British Museum as a reader—when he and I were neighbouring ministers in Wales, he was one of the most popular men in the place—he stood well before the denomination, and before the world, up to the time he resigned his charge at Notting Hill—for the last few years he has not had charge of a church—I know his disposition well—he is a most kind-hearted, harmless man—
I am sure he would not do wrong to anybody in his sane state—He would know it was a wrong act to set fire to his bed, but I don't think him capable of doing it wilfully.
Prisoner's Defence. I wish to state most emphatically that the fire was the result of pure accident. I lived principally in my bedroom, where I kept nearly all my books and papers and manuscripts, and all I regarded as valuable, and such being the case, I should never have thought of wilfully setting fire to the room. I frequently read in bed; I know it it is a bad habit, but it is one that students at college do indulge in. I was reading some old manuscripts, and as the gas was too far off for me to see by it, I had a candle on the pillar by the bedside, close to the window curtains. I dropped to sleep, and when I awoke the curtains were on fire and nearly burnt; the flames communicated to the vallence. I put out the candle and placed it on the mantelshelf, and tried to extinguish the fire, but as it was increasing, I went down in my nightshirt to get a can of water, and while feeling about for the matches to get a light, I was suddenly locked in. Had there been danger to life, I was thus in the most dangerous position. I can simply repeat that the fire was a pure accident. I am still under the impression that there was very little, if any, water in my jug, and that was the reason of my going down to procure some.
NOT GUTLTY .
MESSRS. CARTER and RAVEN Prosecuted.— NOT GUILTY .
NEW COURT.—Wednesday, March 24th, 1880.
Before Mr. Recorder.
333. CHARLES PALLET (26) PLEADED GUILTY to forging and uttering an order for the payment of 7l. 18s. with intent to defraud, also to stealing an order for the payment of 7l. 18s. and five pieces of paper the property of Edward Holborn, his master, who recommended him to mercy.— Two Months' Imprisonment.
MR. RTBTON Prosecuted; MR. GBOOHEGAN Defended.— NOT GUTLTY .
WARD PLEADED GUTLTY .
MR. GRAIN Prosecuted; MR. RAVEN appeared for Young, and MR. FULTON for Timothy.
WILLIAM HENBY CALVERT . I am clerk to Thomas Weston and Co., of 115, Lower Thames Street, and 129, City Road Wharf Basin—Young was loader and warehouseman there, and Ward one of the carmen—we commence business at 6 a.m., and the orders received one day are executed the next morning—the carman comes to us to take his orders, and I give him the invoices to customers for his day's work—ho looks through them and takes them to the loader, and gets his van loaded with the quantities shown on the invoice, and sends it back to the office, and comes to me for the way-bill, which I make out from the invoice—on 28th February I remember giving out the invoice to Ward, and his coming back
and receiving the way-bill (produced) from me, which I made out myself, it has my signature at the bottom—the carman has no right to take any salt beyond what is on the way-bill—on the Monday morning Ward returned me the way-bill and brought me 19s.
Cross-examined by MR. RAVEN. I was there at 6 that morning—Shilcock is the foreman; he gives out the invoices when he is there, but I gave them out that morning—we load the vans between 6 and 8.30—we have 11 vane, and they are sometimes all waiting one behind the other to be loaded by the different gangs—the men come at 6 a.m.—they are not always the same men—four men load each van at the same entrance—I cannot tell you what four men loaded this van—I never knew men take out more salt than is down in the invoice, or knew them to sell salt without an invoice and bring the money back—the carman calls out what he has got on the van—I have been there nearly six years—Young has been there about five years doing this work—I did not say at the police-court "If Ward had brought me the money back for the twenty bars of salt as received from Mrs. Timothy, I should have taken it and entered it in my cash-book;" he asked me if he brought the money would I take it, and I said "Yes"—the carmen have never, to my knowledge, taken out salt that was not on the invoice and paid me for it.
Cross-examined by MR. PULTON. The value of the salt was 29s.;—I should have reprimanded either of the prisoners if he brought me the money without an invoice, but I should have token it, it would be my business to take it.
Re-examined. The 28th was Saturday; that was why he paid me on the Monday.
JAMES EGAN (City Detective). On February 28th I watched Messrs. Weston's Wharf Road premises, and about 10 a.m. saw Ward drive out a van loaded with salt—it went to 6, Half Nichol Street, Bethnal Green, which is a chandler's shop, kept by Mrs. Timothy, the prisoner, and I saw Ward take in these blocks of salt—Timothy was present while the delivery was being made, and then Ward went up to her; she was behind the counter—I could not hear what was said, but I saw Ward come out counting some money—he drove off, and I followed him to Shoreditch Church, and then went to make a report to the prosecutors—on March 8th I took Young at the City office, 115, Lower Thames Street—Mr. Weston asked him who loaded Ward's van on the morning of February 28th—he said, "I did"—I said, "You will be charged with stealing a quantity of salt from your employers, Wharf Road, City Boad"—he made no reply—I took him to the station, where he said, "I want to speak to you"—I said, "Whatever you have to say, if it relates to this charge, I caution you that I may use it against you"—he said, "I know that, there are more in this; if you bring them to the front I shall have more to say—but I will tell Mr. John all;" that is young Mr. John Weston.
Cross-examined by MR. RAVEN. Ward was taken by Halse a few minutes before Young—that was a week and two days after I had watched the van—I met Mr. Weston on the Monday, at Salters' Hall, by appointment.
Cross-examined by MR. FULTON. This is a photograph of Mrs. Timothy's shop—the van pulled up at the shop door—I passed it, and doubled back on the same side—I crossed over to the shop when Ward went in—I did not see Mrs. Timothy hand him any money.
JOHN DAVIS (Police Sergeant). On March 8th I went with Egan to Timothy's shop—I told her we were police-officers, and said, "Did you receive any salt on Saturday, February 20th t"—she said, "No, I did not"—I said, "I know you have"—she said, "No, I have not"—I said, "Well, it is only fair to tell you that Egan saw one of Mr. Weston's vans deliver several bags of salt to you, and I shall charge you with receiving them"—she said, "Yes, I have; don't, for the sake of my children"—I said, "I want that salt; where is it?"—she said, "I bought 20 bars; they are on the shelf," pointing to a shelf in the shop—I counted and found 21—she said, "That is the whole"—I said, "Have you an invoice?"—she said, "Yes"—I said, "Let me see it"—she looked in a box and on a file, but did not find it—I said, "Who did you give the order to for this salt?"—she said, "To a little man three days ago," if you give me time till this evening I will not move the salt"—I said, "Suppose I bring this little man in will you identify him?"—she said, "Yes—I then left her, and at 8 or 9 that night I sent Egan to fetch her. to the station—I met them outside the station, and she introduced a man to me as her brother—he said to her, "Don't know any one"—she said, "I won't"—I heard him say to her at the station, "Be careful"—she said, "I won't pick out any one if he is not there"—I then charged her with receiving the salt knowing it to be stolen—she made no reply—I never got any invoice, and there is no entry in the book—at the station Young said to Mr. Weston, "There are others in it as well as myself, and they ought to be here as well."
Cross-examined by MR. RAVEN. He said that in my presence at Kingsland Road Station—I believe Egan was present.
Cross-examined by MR. FULTON. Timothy read her tax bills to me which were on the file—she said, "Those are tax bills," and then pointed out those for the water-rate—anybody could see the salt—she did not say that she had no salt, but that no salt had been delivered there—her brother did not say, "Don't be frightened," you know nothing about it," nor did she say, "I shan't pick him out if he is not there"—eight or ten persons were up for identification—I took her in custody because I found she was deceiving me—we know nothing against her.
JOHN WESTON, JUN . The detective called me into Mrs. Timothy's shop, and I asked her if she knew who she bought the salt of—she said that she did not—I asked her who she had been in the habit of buying of—she said, "A man named Spragg"—he is now dead, and I asked her who she had bought of since his death—she said, "I have given orders to his son. I should know who I gave the order to," and that she always had invoices, and would find this one, if I gave her time to look for it—I had some conversation with Young after he was in custody.
Cross-examined by MR. RAVEN. That was at Kingsland Road Station—Egan said that he wanted to speak to me—he was not pushed aside into the cells before he had finished speaking, he had ample time to say all he wanted, and then he was taken away.
Witnesses for Timothy.
EMMA TIMOTHY . I am the prisoner's daughter, and when I am not at school I help her in the business—I went to the police-court on a Tuesday and two Saturdays before that I was in the shop, when some salt was brought in, for which 9s. 6d. was paid—I am sure it was 9s. 6d., I saw a
paper in the gentleman's hand who brought the salt—this was between 10 and 11 o'clock.
Cross-examined. Ward is the gentleman who brought the salt in—I sell coals and serve behind the counter—my mother took the money out of the till—I did not notice the coins, but I heard her say, "There is 9s. 6d." as she counted it on the counter. There were some two-shilling pieces.
By the COURT. I did not hear Ward say anything when he brought the salt in; he simply brought it in, and mother told him to put it on the shelf—nobody told me that 9s. 6d. was the price—the paper remained in the man's hand all the time—nothing was said about it; he took it away with him.
By MR. GRAIN. I have never seen 20 blocks of salt brought in before—I do not know whether my mother keeps books or gives credit—she cannot read, neither can I—I am going on for 14 years old.
HENRY WARD (The prisoner). I have pleaded guilty to stealing this salt, and to delivering it at Mrs. Timothy' s—I had never delivered any salt to her before, but a man gave me the order, and I had got it over—I have seen the man occasionally with a pony and cart, but do not know who he is—I was paid 9s. 6d. for it.
Cross-examined by MR. GRAIN. I often have some salt over—I heard Mr. Calvert say that I checked the load with him on 28th February—that is true—I did not call over these 20 bars to him because I did not know that I had got it at that time—I helped to load the van, and saw them in it—I put them in—I do not know whether they were at the top, but Mrs. Timothy's were the first lot I delivered—I have frequently seen the invoices, and had more salt than I wanted—there were 20 bars besides these, but I did not know that I had got twenty bars more than I ought to have until I looked at my invoices after I passed through the gate—I did not meet the man then, I had seen him two or three days previously, and he said that if it would be any benefit to me he would give me the order whether we had got permission or not—I said no, but I would take the order—he said I was to take the salt to Mrs. Timothy, in Half Nichol Street, but I did not know where it was till I inquired—Mrs. Timothy would know where I came from because the name was big enough on the van—I swear I had never been there before—I do not know whether any of my fellow-carmen had—Mrs. Timothy was not surprised at the quantity; she had given the order for 5 cwt—she paid me in shillings, half-crowns, and sixpences, but I did not take notice.
By the COURT. I met the man two or three days before and got the order and the address—lie was a stranger to me—nothing was said about when I was to deliver—I knew when I left with my load that morning that I had got an order for this quantity of salt which had not been handed in at the office; I had had it two or three days—I drove straight to Mrs. Timothy's, knowing that I had the means of supplying her order.
TIMOTHY received a good character.
— NOT GUILTY .
YOUNG— GUILTY .
YOUNG and WARD— Nine Months' Imprisonment each.
Month's Imprisonment, There was another indictment against the prisoner for an assault on Samuel Winckley, which was not proceeded with.
Before Mr. Recorder.
337. ALFRED LEWIS (20) and ARTHUR PHILLIPS (16) PLEADED GUILTY to burglary in the dwelling house of Enos Arnold, and stealing two coats, a vest, a scarf, two hats, two table napkins, and 4s. 11d., his property. LEWIS was further charged with having been convicted of felony at the Worship Street Police-court on the 23rd December, 1878, in the name of Alfred Johnson, to which he pleaded
GEORGE CHESTER . I produce the certificate of the prisoner's conviction (This certified the conviction of Alfred Johnson on 23rd December, 1878, of stealing a box of cigars, value 16s., of Israel Goldberg. Sentenced to Three Months' Imprisonment)—he was under my charge—I am sure he is the same person.
The Prisoner's Defence. It was not in the name of Johnson.
GUILTY.**— Twelve Months' Imprisonment.
PHILLIPS— Six Months' Imprisonment.
MR. REID Prosecuted.
ELLEN WILLIAMS . I live at 1, Laura Terrace, Devonshire Road, Forest Hill—I had lodgings to let—on 16th December the prisoner called and inquired about them—he engaged to take a bedroom on the first floor and sitting-room on the ground-floor—he said he would pay from the Tuesday and come on the Friday, and that he was going to Southampton to see a friend—he asked for my address to take to the railway station, as he wanted to see after his luggage—he went out, and came back in about 10 minutes, followed by a porter—he asked to be allowed to wash his hands after giving me this reference. (Read: "William Patterson, care of Patterson and Anderson, 21, Gracechurch Street, City.") Instead of going to the rooms he arranged to take, he went to the top of the house—he remained a quarter of an hour—I saw him when he came down—he said he would go and see what delayed his luggage, and he gave me 6d. to pay for it—he left—he never returned—the following morning, on going to my dressing-case, I missed two brooches—the top of the dressing-case had been broken off and thrown into a drawer—it had been opened by a key—my nephew, Frank Hine, lodges with me—he made a statement to me three weeks afterwards—these two studs (produced) are Mr. Hine's property—one is still missing—when the prisoner came they were in a drawer in the top front bedroom which Mr. Hine occupied a week before that—these three studs and this ring in this morocco case (produced) belong to Mr. Hine—they were in the morocco case.
Cross-examined by the Prisoner. Only myself and servant had access to the room—the ring was given to my nephew by his father a few years before he died, and he values it for that—there are plenty like it, but I
know it well—I know you by your voice as well as your face, which is thinner.
Re-examined. I have no doubt the prisoner is the man.
GEORGE PYMAN (Peterborough Borough Policeman 4). The prisoner was in my custody on the 18th December last—I searched him—I found this ring and the two sets of studs, one being in this case (produced).
Prisoner's Defence. There is no mark on them to identify them, and I have been most unfairly dealt with. I was not put with other men. They say they know my voice, but I have a bad cold.
GUILTY .**—He also PLEADED GUILTY to a conviction of felony at this Court in October, 1877. It was alto stated there were 20 cases of a similar character of robbery committed by the prisoner.— Seven Years' Penal Servitude.
MR. LEVY Prosecuted; MR. RAVEN Defended.
WILLIAM SCANDRY . I reside at Blackheath—on Sunday, the 15th February, I was a third-class passenger in the 10.45 p.m. train from Charing Cross to Belvedere—the prisoner got in at Lewisham, and accompanied me to Belvedere—there was no other occupant—when I got on the platform I put my hand in my pocket for my watch, and found it was gone—I gave information to the railway authorities at Belvedere—the prisoner had left the station in the train—I arranged to go to Scotland Yard, and I did so on Monday morning, the 17th—on or about the 20th I received information at Greenwich Police-station—I went and identified my watch at a pawnbroker's at New Cross—when the prisoner got in the train I thought he was sober, but when I found his head on my breast between Abbey Wood and Belvedere I thought he was not—I put his head up, and told him to sit up.
Cross-examined by MR. RAVEN. There was the usual third-class lamp—I was perfectly awake to Lewisham, and drowsy from there to Belvedere when the train was in motion, but I was awake, and knew every station, as when the train stopped I woke up—the prisoner first sat on the opposite side at the far end—when he had his head in my breast he was sitting opposite—he fell forward—that roused me—I gave a description of the prisoner—I have not got it—I was too sure of him—I had this greatcoat on, and another vest, which came lower down, and my chain was attached to the pocket in the ordinary way—I had come from St. John's Wood Police-station to Charing Cross—I was on Charing Cross platform about five minutes.
Re-examined. I was perfectly sober—I am a constant traveller on the line, and know all the stations.
JOHN McMAHON . I am assistant at Mr. Wells, of 135, New Cross Road—I produce a watch pawned on the 19th February for 1l. in the name of John Murphy—to the best of my belief the prisoner is the man—I picked him out from five or six others as the man who pawned the watch.
Cross-examined. I had not seen him before—I did not notice he was marked with smallpox—that is why I cannot swear to him, but I believe he is the man.
HENRY GOODWIN (Police Constable R). (On the 16th February I received information which led me to make certain inquiries, in consequence of which I went to Crayford with the prosecutor, who was directed to a
place by a constable who knew the neighbourhood well—ho asked Murphy to come out as he wanted to speak to him, and the prosecutor put his hand on Murphy's shoulder and said "That is the man that stole my watch"—I told the prisoner I should take him into custody, and he would be charged with stealing a gold watch from the person of a gentleman while in a railway carriage between Lewisham and Belvedere on the 15th—he said "From who?"—I said "From that gentleman"—he said "He never saw me before and I never saw him"—I said "Well, I mean the watch that is pawned at New Cross for 1l.; it is pawned in your name; the pawnbroker has given me a description, and from what he said I shall take you into custody"—he did not say another word—I was present at the police-station when the pawnbroker's assistant picked him out from seven others as near like prisoner as possible—he said to the best of his belief he was the man.
GUILTY .— Six Months' Imprisonment.
JOHN CORNISH . I am a carpenter, in the employ of the guardians of the Greenwich Union—I work in the carpenters' shop, within the enclosure—there are a number of tools belonging to the guardians there—some of these tools (produced) belong to me, and some to the guardians—the prisoner was an inmate of the workhouse—he assisted at funerals, and it was his duty occasionally to come into the shop from time to time—on February 13th I left the shop about 5 o'clock and shut it up—the window was not broken then, and the button of it was fastened—I took the key to the master's office—next morning at 8 o'clock I went to work and found the key would not turn, but by pressing the latch the door opened—it was unlocked—I found the nail-bag empty—the window was broken and open, and a fire was burning—I missed these tools—a person putting his hand through the hole in the window could unfasten the latch.
Cross-examined by the Prisoner. An order was given to cover the footmarks in the garden, and they were covered—I saw you at the carpenter's shop on the Thursday before you took your discharge—you told the Magistrate you were not there on the Thursday, but on the previous Saturday—I do not know whether your boots were tried to the footmarks or the boots you had on while you were an inmate of the Union—the window is about four feet from the ground.
HENRY KILBY . I am master of Greenwich Workhouse—the prisoner was an inmate there, and was discharged on February 13th—the building is surrounded by a wall, and any person who got to the workshop window from outside would have to get over the wall—the window is not more than two feet from the ground, as the ground has been raised lately—that is one of the buildings connected with the workhouse—you do not go without the boundary wall to get there, but you have to go into the open air.
Cross-examined. I did not receive information of the robbery until the next evening's post, as I was at Herne Bay from Friday to Monday morning—I was present when your boots were tried to the impressions—those were the boots you were wearing while you were an inmate—I saw
that the marks were covered by a half-bushel measure—you behaved particularly well—I never had occasion to find fault with you.
HENRY PHILLIPS (Police Inspector R.) On Saturday, February 14th, about 6 o'clock, I went to Greenwich Workhouse, and saw a mark under the look of the door of the carpenters' shop—a piece of wood had been removed—a shovel was shown to me which was broken in one corner—I saw some footmarks across some loose mould, where the window is, leading from the gravel path—the assistant-master, Mr. Prowae, gave me these boots (produced)—I examined them with the footmarks, and they corresponded in size and width—I did not examine them with the other pair of boots.
Cross-examined. I saw a window broken in the carpenters' shop—I tried the boots before I knew you were apprehended with the tools in your possession—the Magistrate asked me if I thought the boots you were wearing would correspond with the footmarks, and I said "Yes"—I covered the marks over.
By the COURT. The impression was made by making a similar boot-mark at the side.
MR. PROWSE. I am assistant-master of the workhouse—these boots were worn by the prisoner while he was in the workhouse, and when he left they were taken into the store-room—lie could not have used them on the night of the 13th—he had a pair given him when he left the workhouse.
Cross-examined. Inspector Phillips came to the Union about 4 p.m., and we tried the boots with the impressions—we did not put the boot into the marks—I do not know whether any mark was made at the side—the marks were perfect, and I covered, them with a case to preserve them—I never had occasion to find fault with you—you always aid your work, to my knowledge.
FREDERICK WILLIAM MASSEY . I am assistant to Mr. Folkard, a pawnbroker, of 16, London Road—on 14th February, about 8.45 a.m. the prisoner brought a lot of tools—this is a list of them—he offered them in pawn, and said that he was a carpenter, and they belonged to him—I asked where he had been working—he said, "At Walker's, at Deptford Green"—I asked his name—he said, "Henry Wilson, 27, Graywood Street"—I said, "I will go with you to your address," and I went outside the shop with him—he then said, "I may as well tell you I don't. live there"—I said, "Come back, and we will see if we can lend you the money," and I locked the door and gave him in custody—there were two men outside the shop, one carrying two pickaxes, and the other a plough—I asked him what tool it was, thinking he was a carpenter, and he said that it was a smoothing-plane—he asked 25s. on them.
JOSEPH OLIFFE (Policeman L 58). I was called, and took the prisoner—I asked him how he became possessed of the tools—he refused to say—I asked him if they belonged to him—he said "No"—I asked his name and address—he did not give any.
The prisoner, in his defence, stated that hi met two men near the Elephant and Castle, one of whom was carrying the took, they ashed him to go into the pawnbroker's, as they did not like to do so, and told him to give the name of Henry Wilson.
— GUILTY .
He was further charged with a conviction of felony at this Court in February, 1873, to which he
PLEADED GUILTY.— Twelve Months' Imprisonment.
Before Mr. Recorder.
EDWARD HENRY MANLEY . I am the last witness's son—on the 25th of February I saw the prisoner in my father's shop between 2 and 2.30—she asked me to show her some shirts—I noticed a piece of Oxford shirting peeping out from under her shawl—I followed her out and called her—she came back directly—I took it from heir—she swore at me and walked away—I communicated with my father afterwards, and she was given into custody.
Cross-examined by the Prisoner. You asked if father would be in, and I said in 10 minutes—you had a red shawl on.
GEORGE LEWIS (Policeman P 170). I took the prisoner into custody on Monday, the 25th of February—I charged her with stealing shirting from Mr. Manley—she said she knew nothing about it, and never had it—I took her back to the prosecutor—he gave her in charge.
The prisoner before the Magistrate said, "I did not have the stuff at all" She handed in a written statement to the effect that on leaving the shop in picking up her own things the parcel was dragged from the counter, and that on her attention being called to it she apologised, that she was afterwards taken back to Mr. Manley, who did not want to charge her, but for the constable, and that she had no shawl, only a red scarf.
GUILTY .** She also PLEADED GUILTY to a conviction in July, 1878, at Greenwich, in the name of Caroline Carruthers.— Twelve Months' Imprisonerment.
GEORGE STAGG . I am a tanner; Emma Hill is my daughter—I was present when she was married to Charles William Hill on March 30th, 1877, at St. Ann's Church, Bermondsey—I signed the register; this is my name on it—she lived with her husband just on three years—she told me she would leave him six months before—I had not seen Haggard before I saw him at the police-court.
Cross-examined. My daughter was then 17 years old, and in good health—she complained to me of her husband having given her a disorder, and that he kept her short of money, and I and my wife supplied her—the husband also told me he had given her the disorder—her health is very bad—she has been attended by Dr. Bumbold., and her husband took
her to St. Thomas's Hospital in a cab, she was not able to walk—she has been also an out-patient in King's College Hospital, and has been attended by a medical man down to the present time for the disorder—she was 20 years of age on 17th. February.
EDMUND REID (Detective P). I apprehended Haggard on the 28th February—I told him I should take him into custody for marrying Emma Hill, knowing at the time she was a married woman—he said, "Very well; I shan't run away, I shall stand to it; I knew she was a married woman, but I did not expect this."
Cross-examined. I am quite sure he said "I knew she was a married woman" and not "I suspected"—the prisoner lived in the New Kent Road about half a mile from where Hill resides in the Union Road, Borough—I know Hill worked at Pocook's—I know nothing about his wages nor about his evening work.
MARY ANN BOWDEN . I am the wife of Frederick John Bowden, of 208, New Kent Boad—Emma Hill came early in January and took a room as a bed and sitting room—she told me she was a divorced woman and was going to be married shortly and everything was settled—she also asked me to go to church with her and would I let the friend come to see her she was going to be married to—I allowed Haggard to call—the marriage took place on 19th January—I attended at her request—it was in St. Mary's, Old Kent Road—I signed the register—I noticed she was described as a spinster—I did not ask her about it, I did not understand it—they afterwards lived together in the house as man and wife until she was taken into custody.
Cross-examined. I have' got the date when she called in my rent-book but I have forgotten it—Mr. Hill's brother came about three times—the first time Haggard was not there, and my husband objected to his coming when Haggard was not present.
EDWIN HALL (Policeman 426 P). Mr. Hill gave the prisoner Emma Hill into my custody on a charge of bigamy on the 25th—she said "You know it is all through you; I should never have done this but for the manner in which you treated me"—Hill said "It has nothing to do with your marrying a second time"—I produced the two certificates at the police-court—I have compared them with the originals—they are correct.
Cross-examined. She aid not mention the disorder to me, nor in my hearing.
GUILTY . Emma Hill strongly recommended to mercy.— Two Days' Imprisonment each.
344. JAMES HANNEN (60), and MARY MULCAHEY (48) , Stealing 20 forks, three spoons, and three ladles, the goods of the President and Governors of King's College Hospital. Second Count, receiving the same.
MR. RAVEN Prosecuted; MR. HUMPHERRYS defended Muleahey.
EDWARD ALMACK . I am secretary to King's College Hospital—I identify this plate produced as the property of the College—there are 20 forks, seven spoons, and three ladles—they were missed on the 23rd or 24th February—I at once sent information to Bow Street—they are not silver, but plated, and the value is about 15s.—I cannot find the prisoners' names in the books of the hospital.
last saw these articles produced on Tuesday morning, 24th February, about 11 o'clock—I put them in a box and on the lift in the passage, which is used by the patients—the box was not fastened.
GEORGE DICKINSON (Police Inspector M). I went to 19, Bermondsey Street, about 7.30 on the 24th February in consequence of information I received—it is a beerhouse—Mulcahey is the landlady—I said to her, "I have come to see you about some silver"—she said, "Yes"—I said, "I should like to see it," and she produced from a cupboard in the bar all these articles, except this spoon, tied up in a handkerchief—I said, "How did you come by them?"—she pointed to Hannen, who was sitting in the bar, and said, "He brought them here this afternoon, and said he found them; I let him have 4s. worth of beer on them; I went to a watch-maker's down the street to sell them"—Hennen could not hear the conversation—I called him into the room and said, "How do you account for the possession of these things?"—he said, "I was in the Strand this afternoon, or about the middle of the day, at the corner of a court where they are pulling down some buildings; there was some strew; I went to wipe my boots, and these things lay underneath; I brought them home, thinking that a reward might be offered for them"—I asked Mulcahey if she had any more—she went into the bar, and said "Yes, I have one more spoon," and produced the other spoon—she said, "He gave me that for my own use," meaning Hannen—I took them into custody—the things were afterwards identified.
Cross-examined. The police-station is about 400 yards from Mulcahey's—I have been stationed there 10 years—she has been the landlady of this beerhouse for a considerable time—I have known her and her husband—they bear a respectable character—I have heard that Hannen lodged there—I mentioned before the Magistrate that she said, "He gave me this for my own use"—I did not notice that it was omitted from my deposition when they read it over to me.
Hannen's Statement before the Magistrate. "On the 24th February, at 2 p.m., I was going up the Strand, and went down a passage opposite the Vaudeville, and under some clean straw I found the silver; I put it into my pocket, walked home, and said I would keep it until a reward was offered, I know no more about it; not a policeman in London know me; I was 21 years in the army."
Hannen's Defence. I have been known for 19 years, and have paid my rent regularly; I was never known to be locked up or to keep bad company, and this is the first time I have been in a Court in my life.
The Recorder considered that her possession would be the possession of the husband unless the Jury were satisfied that it was without his knowledge.
NOT GUILTY .
MR. POLAND Prosecuted.
ANNIE BOWYER . My husband keeps a provision shop at 106, Waterloo Road—on Saturday, 7th February, between 8 and 9 p.m., the prisoner came in for 1/2lb. of butter, which came to 8d.—he gave me a half-crown—I tried it in the tester and told him it was bad—he put down a good one, and I gave him the change and gave the bad one to my husband.
EDWARD BOWYER On 7th February I saw my wife serve the prisoner—he threw down a half-crown, which the handed to me, and I saw that it was bad—I asked him where he got it—he said that his master had just paid him 5s. for his wages—I sent for a constable, and the prisoner attempted to kick me, and made two attempts to ran away, but I gave him in custody with the half-crown—he was taken to Southwark Police-court, remanded to the following Wednesday, and discharged.
MARIA JOHNSON . I am a clerk at the post-office, 225, Westminster Bridge Road—on 4th March, about 11.30 a.m., I served the prisoner with 3s. worth of postage stamps—he laid down a half-crown and a six-pence—I took it up and passed it to Charlotte Clark, who took it away; and as she passed me he said, "What is the matter?"—I did not answer him—he slipped the stamps back and rushed out of the office—I gave information to the police, and next day saw him in custody with a number of people, and picked him out—I have no doubt about him.
WM. HORATIO MILLER . I keep a stationer's shop and post-office—on 4th March the last witness gave me a bad half-crown—I went into the shop, but the prisoner had gone—I gave information, and afterwards gave the coin to Sergeant Nelson.
JOSEPH NELSON (Police Sergeant L). On the evening of 5th March I saw the prisoner in Blackfriars Road and told him I should take him on suspicion of uttering a counterfeit half-crown the day previous in Westminster Bridge Road—he said that he knew nothing about it—I placed him with five or six others, and Miss Johnson identified him immediately—I received the half-crown from Mr. Miller.
Prisoner's Defence. I know nothing about it; I was never in the post-office.
GUILTY .— Six Months' Imprisonment.
He PLEADED GUILTY to the uttering to Henry Fuller.
MR. POLAND Prosecuted.
MARY SOPPETT . My father keeps the Beehive, Warner Street, New Kent Road—on 6th March, about 7 p.m., I served the prisoner with a glass of bitter—six, which came to 1 1/2 d.—he gave me a bad florin—I gave it to my father, who spoke to him.
JOHN SOPPETT . I keep the Beehive—on 4th March my daughter called me into the bar and gave me a bad florin—I saw the prisoner there and" asked him if he was aware he was tendering bad coin—he said "that he was not—I doubled the coin up, and am sure it was bad—I gave it back to him, and he paid me 1d., and said that that was all he had got—I followed him some distance and gave him in custody—he was searched—he said that he had thrown the florin away as it was no good—he was allowed to go as he had no other coin on him—I saw him again next day, and am sure he is the man.
to me, and I saw the prisoner coming from a urinal in the Old Kent Road—I stopped him and told him that the landlord of the Beehive gave him in custody for attempting to pass a counterfeit florin—he made no reply—Mr. Soppett came up and said, "That is the man," and asked him what he had done with the florin he had tendered in his public-house—he said he had thrown it away; it was no use to him—he gave his name, John Cooper, 4, Bath Street, London Road, and I allowed him to go—I received this half-crown (produced) from Inspector Huntley.
ALICE BROOKSON . I live with my father, a baker, of 184, Long Lane, Bermondsey Square—on Saturday, 6th March, between 8 and 9 p.m., I served the prisoner with a half-quartern loaf, which came to 3 1/4 d.—he gave me a bad half-crown; I gave it to my mother, who gave it to my father when he came home—I did not give the prisoner the change, and he left the loaf on the counter—I saw him a few days afterwards before the Magistrate and recognised him—I have no doubt he is the man.
THOMAS BROOKSON . I keep this baker's shop—my wife gave me two bad half-crowns—I took them to Southwark Station and gave them to the inspector—this is the one uttered on March 6th—I know it because the other has a thinner edge—the inspector marked it.
HENRY FULLER . I keep the William the Fourth—on March 7th I was standing by my wife when she served the prisoner with 1d. worth of tobacco and a glass of ale, which came to 2 1/2 d.—he put down a half-crown—she tested it, broke it in two pieces, and handed it to me—I jumped over the counter and detained him, and gave him into custody, with the broken half-crown—he said that he was a hardworking man, and had taken it.
MABUN BURGIN (Policeman). On March 7th I was called to the William the Fourth, and the prisoner was given into my custody—he said nothing—I found 3d. on him—he gave his name John Bracher—Fuller gave me these two pieces of a half-crown.
Prisoner's Defence. I am innocent of the last two cases.
GUILTY .— Nine Months' Imprisonment.
347. JOHN SPANTON (42) PLEADED GUILTY ** to receiving 13 sheets of penny postage stamps, 79 halfpenny stamps, 240 other stamps, and 62s. in money, knowing them to be stolen, having been twice before convicted.— Seven Years' Penal Servitude.
GEORGE ADOLPHUS BIRD . I am second clerk at Lambeth Police-court—I remember a summons coming on for hearing before Mr. Chance, on January 21st, for riot—the defendant was the complainant, and Edwin Brown and a number of others the defendants—I took the depositions in the usual form—the oath was administered to the defendant before he gave his evidence—I took down his evidence.
GEORGE ADOLPHUS BIRD (Continued). These are the original depositions which I took—they are correctly taken—there is no summons attached—there is an exhibit marked E—this is the plaint in the County Court—it was produced by the solicitor on the hearing—that was a plaint in which Doughty was the plaintiff and Austin the defendant—it contains the defendant's Cross-examination—this stated, "I do not know who my landlord is. I took the house from Brown, and considered him as my landlord until he told me to take my rent to Mr. Miller. I did not read the receipt marked D when my sister brought it back to me. At that time I believed Miller was my landlord." The defendant swore that he had not sworn in the County Court that Brown was his landlord, and that he was ready to pay him, and that was repeated more than once—he was cautioned with respect to that statement and he repeated it.
The Prisoner. I said that I acknowledged Brown as my landlord until I paid Miller—I said I had two receipts for one quarter's rent, and if Miller altered it to June I would pay it.
The Witness. You said something to that effect, something about Miller and about the wrong receipt, that was during the examination-in-chief, I think.
JOSEPH GEORGE CLARKE . I am usher at Lambeth Police-court—Mr. Pitt Taylor is the Judge there—it is part of my duty to swear the witnesses when the Registrar is otherwise engaged—I remember being present when Doughty v. Austin was tried—I examined the plaint note and saw the defendant sworn—he was asked if he owed the money and he said, "Not to these parties"—the Judge said, "Not to the plaintiff?" and he said, "Not to the plaintiff"—I will not be sure whether the solicitor or the Judge asked who he did owe the money to, but he replied, "To Brown; I took the premises of Brown"—after that evidence the Judge nonsuited the plaintiff.
Cross-examined. I have no recollection of your saving "I acknowledged Brown as my landlord until I paid Mr. Miller"—the simple question was put, "If you do not owe the money to these parties, who do you owe it to? and you said "To Brown"—I did not say so before, because I was not asked the question—I answered the questions put to me by the solicitor, and if the same question had been put to me I should have answered as I do now.
Re-examined. I said at the police-court" I cannot recollect what Austin swore," as far as I can remember he said he owed the rent, but not to the plaintiff; he Said, "I owe the money to some one, but not to that man," meaning Doughty—I told Mr. Fullagar so, but he did not think proper to have me recalled.
ARTHUR HEAD JACKSON . I am a solicitor, in partnership with Mr. Prince, at 64, Cannon Street, City—we are solicitors to Mr. Doughty, the freeholder of 63, Lingham Street, Stockwell—I was solicitor for the plaintiff on, I believe, December 5th, at Lambeth County Court, on the trial of Doughty v. Austin, it was an action for an Rejectment—before I went into the merits of my case the Judge asked the solicitor what the nature of his defence was, and the defendant was put into the box and sworn—his solicitor then produced an agreement purporting to be for a
tenancy between one Brown and the defendant—I asked Austin when he paid his last rent, and I think he mentioned some date 12 months before—I asked him if Brown applied for the rent whether he would pay him—he said that he would, he was quite willing to do so—of course I was nonsuited on the ground that there was no contract between my client and the defendent.
Cross-examined. As far as I remember you said nothing about paying Mr. Miller—I am quite sure you said it was Brown who you were willing to pay.
RICHARD DOUGHTY . I live at Sutton—I was present at Lambeth County Court at the action brought by the defendant against my father—I heard the defendant sworn and give his evidence—I don't remember his exact words, but he said Brown was his landlord, and if Brown would apply to him for the rent he would pay him—I don't recollect him saying anything about Miller.
GEORGE AUGUSTUS BIRD (Re-examined.) We keep the original summonses till the file is full; they are then destroyed—I should think the summons in this case has been destroyed—the proceedings were on January 31st—they are usually destroyed once a month, and it is two months since then.
EDWIN BROWN . I live at 100 Stockwell Road and am the tenant of 18 Lingham Street, I sublet it to the defendant—I was present at the County Court when the action was brought by Mr. Doughty—I heard the defendant swear in Cross-examination "I took the place of Mr. Brown, and I considered him to be my landlord; if he applies to me for the rent I am willing to pay him"—I did not hear him say he was willing to pay another.
Cross-examined. I know Mr. Holland by seeing him with you—I did not tell him the nature of the agreement—I have had no conversation with him, nor did he say that it was not pertinent to the issue, and that I could not make a case of it—I did not say to him in the New Queen's Head public-house that I meant putting you away somehow—I did not say that I would give 100l. freely to give you six months—I did not say in the presence of Mr. Cross, the gardener, that I would lick the little b——if it cost what it may—I did not tell your lodger not to pay you any rent, as he had as much right to the house as you had.
Re-examined. I am one of the persons who was convicted with others of a riot, upon the defendant's evidence.
NOT GUILTY .
Before Mr. Justice Stephen.
Other Counts—for abduction.
MR. RAVEN Prosecuted; MR. HORACE AVORY Defended.
GUILTY of abduction.— Eighteen Months' Imprisonment.
ADJOURNED TILL MONDAY, APRIL 26th, 1880.